General Discussion

jberryhill

(62,444 posts)

22. Trademarks have nothing to do with that clause

Wed Feb 4, 2015, 07:51 PM

Feb 2015

First, UPS is claiming a trademark in that shade of brown FOR parcel delivery services. I think they are the only one that uses that shade of brown, so I don't see the problem.

Second, trademark rules arise under the Commerce Clause, not the patent & copyright clause. It wasn't until the late 1800s that there even was any federal trademark act, and it didn't become a big deal until after the 1930's (for obscure legal reasons relating to a guy who got hit by something sticking out of a train and sued over it).

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UPS says it has a copyright on the color brown. [View all] dixiegrrrrl Feb 2015 OP

My underwear begs to differ. yourout Feb 2015 #1

Now THAT's funny... sendero Feb 2015 #56

Maybe they are claiming it as a trademark for mail delivery. merrily Feb 2015 #2

Shh...stop making sense. Atman Feb 2015 #6

This message was self-deleted by its author Atman Feb 2015 #14

I am not 100% convinced that trademarks should be granted in colors, even for limited merrily Feb 2015 #15

Owens Corning pink fiberglass insulation is a good example jberryhill Feb 2015 #20

Pink fiberglass is the very example I gave in Reply 2. merrily Feb 2015 #30

But I actually agreed with you, although not entirely. Atman Feb 2015 #21

Same brown with the same yellow logo is very different from just brown. merrily Feb 2015 #34

It makes sense in many cases. NutmegYankee Feb 2015 #35

That is a good one jberryhill Feb 2015 #47

Actually, my OP is pure tongue in cheek, which most people seem to have figured out... dixiegrrrrl Feb 2015 #23

You are correct... sendero Feb 2015 #59

I think Oprah grabbed the colour purple. Erich Bloodaxe BSN Feb 2015 #3

Damn..and my favorite color, too. dixiegrrrrl Feb 2015 #24

That's clearly what the founders intended when they wrote Art 1, Sect 8: "To promote the Progress... Faryn Balyncd Feb 2015 #4

Trademarks have nothing to do with that clause jberryhill Feb 2015 #22

Trademarks did not arise under the commerce clause. They existed long, long before the merrily Feb 2015 #36

The difficulty is... jberryhill Feb 2015 #46

No, none of that affects anything in my Reply 36. merrily Feb 2015 #54

You might find this a good read jberryhill Feb 2015 #55

Thank you, but that also does not affect the accuracy of my Reply 36. merrily Feb 2015 #57

Lol, you read fast jberryhill Feb 2015 #58

Reading it was not necessary to know it does not affect my Reply 36. merrily Feb 2015 #60

It's a trademark, not copyright. So if you start another delivery company don't use Brown. PoliticAverse Feb 2015 #5

So, do other delivery companies have to filter their ads (including TV)? FiveGoodMen Feb 2015 #8

No jberryhill Feb 2015 #26

So what happens if multiple delivery companies run out of colors? pnwmom Feb 2015 #10

Then there would be a "commercial necessity" argument jberryhill Feb 2015 #29

Not to worry..see # 33 comment, below. dixiegrrrrl Feb 2015 #41

How about employing brown delivery people? Faryn Balyncd Feb 2015 #12

My Fed Ex Man RobinA Feb 2015 #61

Have the Seattle Seahawks trademarked blue? KamaAina Feb 2015 #7

No jmowreader Feb 2015 #49

Well, they must be feeling blue after Sunday KamaAina Feb 2015 #50

I'm starting to wonder... jmowreader Feb 2015 #52

So which chickenhawk has trademarked yellow? KamaAina Feb 2015 #9

Ted Nugent begs to differ. KamaAina Feb 2015 #11

This Sick Beat. Iggo Feb 2015 #13

That actually doesn't function as a mark jberryhill Feb 2015 #48

You might think about correcting your OP onenote Feb 2015 #16

So let's say that you had a tractor company named "John Deere"... Atman Feb 2015 #17

So everytime I take a shit, I will have to pay them a royalty???? madinmaryland Feb 2015 #18

Shhhh...don't tell them....n/t dixiegrrrrl Feb 2015 #27

Are you offering 2 day delivery of it to anywhere in the US? jberryhill Feb 2015 #28

There were industrial color wars in the late 19th c. daredtowork Feb 2015 #19

UPS Brown may be trademarked agent46 Feb 2015 #25

Dunno, I've just recently flushed some UPS brown down the hopper Warpy Feb 2015 #32

OK ... I claim green. lpbk2713 Feb 2015 #31

Crosley Bendix better trademark Squant soon then! kentauros Feb 2015 #33

Most of us don't know squant, I see. dixiegrrrrl Feb 2015 #40

No, we don't. kentauros Feb 2015 #43

So much for the Brown� bag lunch... KeepItReal Feb 2015 #37

Does that mean I can't wear my brown work shirt madokie Feb 2015 #38

When DHL tried to expand into domestic delivery - LiberalElite Feb 2015 #39

I Remember That RobinA Feb 2015 #62

My shit says they don't. nt BootinUp Feb 2015 #42

Oh crap!!! 2naSalit Feb 2015 #44

I have a good friend... malokvale77 Feb 2015 #45

The USPS RobinA Feb 2015 #63

yep!!! oldandhappy Feb 2015 #51

So glad you caught on to the tongue in cheek. dixiegrrrrl Feb 2015 #64

Two things: 1. You can only trademark colors for specific objects/applications. DetlefK Feb 2015 #53